– from Frank Y. in Hartford, WI

Question Details:

My wife and I agreed on a stipulation that governs aspects of our divorce. However, after looking at the stipulation again, I do not agree with it and want it was set aside. Is there a strong chance I can have the stipulation appealed?

Family Law Attorney Response:

I may need some more information to be completely clear. However, I do think there is a chance this can be appealed.

In the case Norman v. Norman 117 Wis.2d 80, 342 N.W.2d 780 (Ct. App. 1983), a woman wished to have a previously agreed upon stipulation be set aside. In the court of appeals, the judge decided that a stipulation between parties in a divorce action is only a recommendation jointly made by the parties to the court. A stipulation agreement amounting to no more than an understanding of what the parties desire and recommend to the court does not rise to the dignity of a contract. The stipulation in Norman was set aside, and I feel there is a strong chance the stipulation in your case can be too.

Give me a call so we can discuss this and see what your next step is for your divorce.

Trisha Festerling, J.D.

Family Law Attorney

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